Chapter 12.20
ENCROACHMENTS1

Sections:

Article I. Definitions, Permits and Insurance

12.20.010    Purpose.

12.20.020    Construction – Definitions.

12.20.030    Permits required.

12.20.040    Application in writing.

12.20.050    Hold harmless agreement.

12.20.060    Insurance.

12.20.070    Insurance limits.

12.20.080    Bonds.

12.20.090    Changes in applications.

12.20.100    Exhibits.

12.20.110    Additional requirements.

12.20.120    Permittees bound by all terms.

12.20.130    Expiration of permits – Time extensions.

12.20.140    Notices before starting work.

12.20.150    Blanket permits.

12.20.160    Tree and structure relocation.

12.20.170    Relocation where rights-of-way are improved.

12.20.180    Permits nontransferable.

12.20.190    Encroachments not hazards.

12.20.200    Subsequent owners bound.

12.20.210    Issuance fees and other costs.

12.20.220    Deposit of fees.

12.20.230    Issuance fees for public works.

12.20.240    Waivers of fees for public welfare.

12.20.250    Schedule of fees – Double fees as penalty.

12.20.260    Permittees to pay for all costs.

12.20.270    Costs to be actual costs.

12.20.280    No fees when inspected by governmental agencies.

12.20.290    City may inspect if governmental agencies fail to inspect.

12.20.300    Deposits required – Exceptions.

12.20.310    Return of deposits.

12.20.320    Billing.

12.20.330    Issuance fees may be refunded.

12.20.340    Inspection fees may be refunded.

Article II. General Provisions

12.20.350    Safety devices, lights and barricades.

12.20.360    Warning lights.

12.20.370    Safety device standards.

12.20.380    Inspectors on jobs.

12.20.390    Inspections not to be obstructed.

12.20.400    Work performed with or without permits.

12.20.410    No permit procedure.

12.20.420    Proof of right to use streets.

12.20.430    Work in accordance with plans and specifications.

12.20.440    Changes.

12.20.450    Permits available or in vehicles.

12.20.460    Denial of permits.

12.20.470    Cancellation of permits.

12.20.480    Restoration of rights-of-way.

12.20.490    Base and pavement thickness.

12.20.500    Seal and slurry.

12.20.510    Equivalent sections.

12.20.520    Resurfacing waived.

12.20.530    Permittee’s awareness and liability.

12.20.540    Protection and repair of facilities.

12.20.550    Interference with utilities.

12.20.560    Aids to visibility.

12.20.570    All persons to comply.

12.20.580    Encroachment removal – General.

12.20.590    Encroachment removal – Without replacement.

12.20.600    Road closures – Interference with street use.

12.20.610    Encroachment and obstructing upon streets and sidewalks.

12.20.620    Provisions for construction permits.

12.20.630    Plans may be required.

12.20.640    Approved lines and grades for work.

12.20.650    Driveways of concrete.

12.20.660    Driveways not to be constructed for parking.

12.20.670    Width of driveways.

12.20.680    Distances between driveways.

12.20.690    Modifications.

12.20.700    Scope of provisions.

12.20.710    Requirements for plats.

12.20.720    Maintenance of work areas.

12.20.730    Preservation of survey monuments.

12.20.740    Amount of open trenches.

12.20.750    Preservation of drainage.

12.20.760    Open excavations.

12.20.770    Temporary maintenance.

12.20.780    Backfilling and compaction.

12.20.790    Traffic control.

12.20.800    Replacement.

12.20.810    Resurfacing.

12.20.820    Existing facilities.

12.20.830    Protection of existing facilities.

12.20.840    Stockpiling.

12.20.850    Deviations.

12.20.860    Services to be jacked or bored.

12.20.870    Minimum cover.

12.20.880    Repaving by the city.

12.20.890    Cleanup after completion.

12.20.900    Agreements to relocate.

12.20.910    Emergency excavations.

12.20.920    Cable television lines.

12.20.930    No interference with others.

12.20.940    Requirements for planting.

12.20.950    Denial of planting permits.

12.20.960    Removal and/or trimming of trees.

12.20.970    Lawns and ground covers in right-of-way.

12.20.980    Uses not denied.

12.20.990    Sight distances.

12.20.1000    Plantings neat and orderly.

12.20.1010    Existing plants exempt.

12.20.1020    Scope of provisions.

12.20.1030    May require planking.

12.20.1040    Overweight approval.

12.20.1050    Compliance with general laws.

12.20.1060    Inspections.

12.20.1070    Permits may be withheld.

12.20.1080    Evidence of clearance.

12.20.1090    Provisions for appeal.

12.20.1100    Time of hearings.

12.20.1110    Council action.

Article III. Small Wireless Facilities in the Public Rights-of-Way

12.20.1111    Applicability and scope.

Article I. Definitions, Permits and Insurance

12.20.010 Purpose.

Subject to the control of the city council of the city of Calimesa, there is hereby delegated to the public works director the administration of the use of city roadways for excavations and encroachments; the maintenance, planting and removal of trees; and the issuance, modification and revocation of permits for such uses. [Ord. 95-5 § 1; Code 1990 § 7.4.101.]

12.20.020 Construction – Definitions.

Unless the provisions or the context otherwise requires, the following general provisions, rules of construction, and definitions shall govern the construction of this chapter:

A. This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. Work performed by any person under a contract with, or at the request of, the city shall be exempt from the fee and bond requirements of this chapter.

B. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise.

C. Whenever reference is made to any portion of this chapter or any other ordinance or statute, such reference shall apply to all amendments and additions now or hereafter made.

D. “Actual cost” shall mean the amount determined by applying the provisions of the encroachment fee resolution as adopted by the council.

E. “Applicant” shall mean any person who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

F. “Base course” shall mean that portion of the street structural section located between the pavement and native soil.

G. “City” shall mean the city of Calimesa.

H. “Director” shall mean the director of public works of the city.

I. “Driveway” shall mean that portion of the street right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent property.

J. “Encroachment” shall mean and include any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this subsection which is placed on, in, along, under, over or across a street. This subsection shall not apply to the temporary use of a street for the ordinary maintenance of any existing authorized or permitted encroachment, nor the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits, or service connections solely for telephone or electric power purposes.

K. “Encroachment work” shall mean the work of constructing, placing or installing an encroachment in a right-of-way.

L. “Inquiry identification number” shall mean the number which is provided by Underground Service Alert (USA) to every person who requests underground location. (Reference Government Code Section 4216.2.)

M. “Native soil” shall mean compacted native material.

N. “Pavement” shall mean the surfaced portion of the street structural section which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

O. “Permittee” shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the director pursuant to the provisions of this chapter.

P. “Person,” as used in this chapter, includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, the state of California, incorporated cities, all public districts and other political subdivisions of the state of California, except the city, and any group or combination acting as a unit.

Q. “Public” shall mean any person as defined in this chapter, other than the department of public works of the city, and shall include the United States and the state of California.

R. “Right-of-way” shall mean any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the city for the use of the general public for public road purposes.

S. “Section” shall mean a section of this chapter, unless some other ordinance, division, or statute is expressly cited.

T. “Special vehicle” shall mean a vehicle or combination of vehicles, as described in the Vehicle Code of the state of California, which:

1. Whether laden or unladen, is required by the Vehicle Code to have a special permit to be on any highway; or

2. Is so laden that it is required to have such special permit.

U. “Street” shall include all or part of, or any right in, a city street or other public road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street, and rights connected therewith, including, but not limited to, restriction of access or abutters’ rights, sloping easements, or other incidents to a street, whether or not such entire area is actually used for street or roadway purposes.

V. “Vehicle Code” shall mean the Vehicle Code of the state of California in effect at the time of the issuance of a permit.

W. “Small wireless facilities” shall have the same meaning as defined by the Federal Communications Commission in 47 C.F.R. § 1.6002(l), as may be amended or superseded. [Ord. 365-U § 2, 2019; Ord. 95-5 § 1; Code 1990 § 7.4.102.]

12.20.030 Permits required.

Every person, except as otherwise provided in this chapter, shall obtain a permit from the director before:

A. Making, or causing to be made, any excavation or encroachment in any street, highway or right-of-way;

B. Placing, changing, or renewing an encroachment; provided, however, an owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way, without obtaining a permit, may use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the control of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the right-of-way. Encroachments for which permits are not required shall be subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code of the state;

C. Placing, constructing, or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable, or other work of similar nature in, over, along, across or through any street or highway;

D. Constructing, reconstructing, repairing, or maintaining any overhead structure or other appurtenance facility;

E. Placing or leaving any impediment to travel upon any street, highway or right-of-way;

F. Erecting or maintaining any post, sign, newspaper rack, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, over, under, or within a right-of-way;

G. Planting or removing any tree or shrub within a right-of-way;

H. Using a right-of-way or other city property for any public gathering, demonstration, or street closing for private or public use;

I. Using a right-of-way or other city property for commercial motion or still picture photography;

J. Using the right-of-way in any manner for purposes of seismological exploration;

K. Conducting land surveying operations or making traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway or right-of-way;

L. Causing or permitting water (other than water from natural sources) to flow onto or upon any public street, road or right-of-way wherein such water is contained within the improved section by curbs or berms;

M. Moving or causing to be moved on, over, along, or across any public right-of-way any load or vehicle requiring a special permit pursuant to the provisions of the Vehicle Code (Article 6 of Division 15);

N. Performing any construction, alteration, or repair of any building or structure, so that it becomes necessary to temporarily obstruct a portion of the sidewalk, street or right-of-way, shall be required to obtain approval from the director, and if approved shall obtain an encroachment permit, subject to all conditions as set forth in this chapter;

O. Constructing, modifying, or demolishing any well or wells.

P. In addition to any other permit requirements of this chapter, no small wireless facility shall be erected, installed, constructed, or otherwise deployed in any public right-of-way, or attached to or collocated on any structure or other infrastructure located within any public right-of-way, without approval of a small cell permit issued in accordance with CMC 12.20.1111 and the policy enacted by resolution of the city council pursuant to that section. In the event of any conflict between the provisions of CMC 12.20.1111 or the policy and any other provision of this chapter, CMC 12.20.1111 and the policy shall take precedence. [Ord. 365-U § 3, 2019; Ord. 95-5 § 1; Code 1990 § 7.4.103.]

12.20.040 Application in writing.

A. Application for a permit required by this chapter shall be made on a form prescribed by the director. The application shall be signed by the applicant, and by the contractor if the proposed work is to be done by a contractor, and shall include the following information:

1. The name and address of the applicant;

2. The name and address of the contractor if the proposed work is to be done by a contractor;

3. The location, purpose, extent and nature of the proposed work;

4. The period of time when the proposed work will be performed;

5. The materials to be used in performing the work;

 

6. Subsurface excavation requires “inquiry identification number” (USA) be supplied prior to commencement of any work;

7. The name, address and policy number of the applicant’s/contractor’s insurance carrier;

8. Such other information, including plats, plans and specifications, as the director may require.

B. Application – Reference to Chapter. The application for a permit shall refer to, and incorporate by reference, all of the provisions of this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.104.]

12.20.050 Hold harmless agreement.

Each applicant for a permit shall agree to indemnify, defend, and hold the city and its officers, agents and employees harmless from any and all causes of action, penalties, liabilities or loss resulting from claims or court actions arising out of any accidents, loss or damage to persons or property occurring as a result of any work performed pursuant to the permit. [Ord. 95-5 § 1; Code 1990 § 7.4.105.]

12.20.060 Insurance.

Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at his own expense, a policy of broad form comprehensive general liability insurance in a form acceptable to the city. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. The policy shall name the city and its officers, employees and agents as co-insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work authorized by the permit and the manner of its installation or construction. The insurance shall be in effect on the date that the work is commenced and shall expire no sooner than one year after the date on which the work is completed. Insurance cancellation clause shall read, “The issuing company shall mail a 30-day written notice of cancellation to the certificate holder named.” A certificate of the insurance shall be filed with the public works department. [Ord. 95-5 § 1; Code 1990 § 7.4.106.]

12.20.070 Insurance limits.

If the work to be performed under a permit will involve an excavation in a street more than six inches in depth, the applicant or contractor shall furnish the liability insurance coverage required in CMC 12.20.060, in an amount not less than $1,000,000 combined single limit. For all other permits, the applicant or the contractor shall furnish such liability insurance coverage in an amount not less than $300,000 single limit. If an applicant or a contractor maintains with the city a certificate of continuous insurance coverage, such applicant or contractor shall change his insurance coverage to be in compliance with the requirements of this section on or before the renewal date of the policy. The city council may increase, decrease, or waive the insurance limits set forth above in those cases in which the city council determines that special circumstances justify such an increase, decrease or waiver, and may be changed by resolution of the council. [Ord. 95-5 § 1; Code 1990 § 7.4.107.]

12.20.080 Bonds.

A. Before a permit is granted by the director which authorizes excavation, trenching or removal of the surface of a street, a bond or other security acceptable to the city shall be filed with the director in a form approved by the director, by the applicant, or by the contractor who will do the work. The bond shall be a surety bond and shall be issued by a corporation duly and legally licensed to transact business in the state of California and approved by the city. The bond or other security shall guarantee the performance of the work authorized by the permit in accordance with all of the provisions of the application, the permit and this chapter and shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the performance of the work and for the term of one year after the completion of the work. If an applicant, or the contractor performing the work, intends to perform more than one project requiring a permit under this chapter, the bond may be written so as to apply to more than one permit and it shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the period of one year after the completion of the work authorized by each permit.

B. Bond Limits. The director is hereby authorized to establish the amount of bond to be posted based upon his estimate of the maximum cost or damages which the city might incur in connection with the work authorized by the permit or permits.

C. Bonds – Exemptions. Public agencies which apply for a permit are not required to furnish the aforementioned bond. However, this exemption shall not relieve the public agency or utility company of faulty or improper workmanship or materials guarantee.

D. The city council may increase, decrease, or waive the bond limits set forth above in those cases in which the city council determines that special circumstances justify such an increase, decrease or waiver, by resolution of the city council. [Ord. 95-5 § 1; Code 1990 § 7.4.108.]

12.20.090 Changes in applications.

The director may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the streets, for the prevention of undue interference with traffic, and for the safety of persons using such streets, as to the route over which to move any overheight, overwidth, overlength or overweight load; as to the location, depth, dimensions, character, and number of excavations; as to encroachments made or placed; and as to other permits issued pursuant to the provisions of this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.109.]

12.20.100 Exhibits.

When required by the director, the applicant shall attach to or enclose with the application two copies of a map, plat, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment. [Ord. 95-5 § 1; Code 1990 § 7.4.110.]

12.20.110 Additional requirements.

The director may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill compaction, paving traffic regulations, hours of work, flagmen, lights, inspections, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director may add such requirements and conditions in writing, or as attachments to the permit or both, and they shall be an integral part thereof. [Ord. 95-5 § 1; Code 1990 § 7.4.111.]

12.20.120 Permittees bound by all terms.

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.112.]

12.20.130 Expiration of permits – Time extensions.

Each permit shall specify the time the permit shall become null and void, and the permit shall become null and void on the date so specified, unless the director extends the time. The director may extend the time if, in his opinion, the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee. [Ord. 95-5 § 1; Code 1990 § 7.4.113.]

12.20.140 Notices before starting work.

Before commencing any encroachment work authorized by any permit, the permittee shall notify the city of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work. [Ord. 95-5 § 1; Code 1990 § 7.4.114.]

12.20.150 Blanket permits.

Blanket permits, renewable annually, may be issued to any public agency, municipal utility district, municipal water district, or public utility, subject to compliance with the applicable provisions of this chapter. The issuance of a blanket permit shall not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the city due to the permittee’s activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width and 60 feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding 30 square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times. [Ord. 95-5 § 1; Code 1990 § 7.4.115.]

12.20.160 Tree and structure relocation.

The director may require the permittee to make proper arrangements for, and bear the cost of, the relocation of any structure, publicly owned facility, tree, or shrub where such relocation is made necessary by the proposed work for which a permit is issued. The director may elect to do the necessary relocation at the permittee’s expense. [Ord. 95-5 § 1; Code 1990 § 7.4.116.]

12.20.170 Relocation where rights-of-way are improved.

If any city improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense (except as otherwise required by law). When relocation is required, the director shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the director and a reasonable time within which the encroachment shall be relocated or removed. If the permittee fails to comply with such instructions, the city may relocate the encroachment at the expense of the permittee. In determining what is a reasonable time under this section, the director shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the impact property to the owner, and other facts peculiar to the particular situation. The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy city rights-of-way pursuant to a franchise or an express provision of state law. [Ord. 95-5 § 1; Code 1990 § 7.4.117.]

12.20.180 Permits nontransferable.

Permits issued pursuant to the authority of this chapter shall be nontransferable. [Ord. 95-5 § 1; Code 1990 § 7.4.118.]

12.20.190 Encroachments not hazards.

The director may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind. [Ord. 95-5 § 1; Code 1990 § 7.4.119.]

12.20.200 Subsequent owners bound.

All obligations, responsibilities, and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. [Ord. 95-5 § 1; Code 1990 § 7.4.120.]

12.20.210 Issuance fees and other costs.

All persons, except as otherwise provided in this chapter, shall pay an issuance fee and all other costs and charges as established for the work described in this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.121.]

12.20.220 Deposit of fees.

Issuance fees and charges for repairs, inspections, or engineering collected pursuant to the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made. [Ord. 95-5 § 1; Code 1990 § 7.4.122.]

12.20.230 Issuance fees for public works.

The director may grant a permit without an issuance fee if he finds that the work to be done has been requested by the city in connection with proposed public works. [Ord. 95-5 § 1; Code 1990 § 7.4.123.]

12.20.240 Waivers of fees for public welfare.

If the council determines that the waiver of any part of the fees is necessary to promote safety and public welfare, the council, in specific instances, may waive all fees and deposits. [Ord. 95-5 § 1; Code 1990 § 7.4.124.]

12.20.250 Schedule of fees – Double fees as penalty.

The schedule of fees or charges will be those recommended by the director and adopted by resolution of the council from time to time. Where work for which a permit is required by this chapter is started or continued prior to obtaining such permit, the specified fees shall be doubled, as a penalty, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalty prescribed in this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.125.]

12.20.260 Permittees to pay for all costs.

The permittee shall be liable for, and shall pay for, the city’s costs related to the permit, including, but not restricted to, the following:

A. The permit issuance fee, if it has not otherwise been paid;

B. Engineering, which includes design, inspection, surveys, and tests;

C. The cost of any inspection, transportation, or test made;

D. The cost of repairing or restoring the highways, and all appurtenant facilities, to the same or equal condition they were in before being cut or damaged as a result of the permittee’s activities;

E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

F. The cost of the alteration, removal, replacement, and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes, and any other expense for traffic control;

G. The cost of removing or remedying any hazardous condition;

H. The cost of tree trimming removal;

I. The cost of tree replacement;

J. Any other cost to the city caused by the permittee’s activities. [Ord. 95-5 § 1; Code 1990 § 7.4.126.]

12.20.270 Costs to be actual costs.

Whenever, in the provisions of this chapter, any costs to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public and as defined in the encroachment fee resolution as adopted by the city council. [Ord. 95-5 § 1; Code 1990 § 7.4.127.]

12.20.280 No fees when inspected by governmental agencies.

The director may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the city. [Ord. 95-5 § 1; Code 1990 § 7.4.128.]

12.20.290 City may inspect if governmental agencies fail to inspect.

If an applicant receives a permit pursuant to the provisions of CMC 12.20.280, and the governmental agency fails to make the inspection or fails to file the evidence as required, the city may inspect the work and the permittee shall pay the actual cost of such inspection to the city. [Ord. 95-5 § 1; Code 1990 § 7.4.129.]

12.20.300 Deposits required – Exceptions.

Unless exempted from this requirement by law or by the director, each applicant, before obtaining a permit, shall deposit with the city one of the following: (A) encroachment bond (as provided in CMC 12.20.080); (B) cash deposit; (C) certified check; (D) cashier’s check in a sum equal to the probable cost of all the work to be performed under the permit, or (E) letter of credit. However, the city may waive such deposit when the city finds that the applicant is financially responsible for such costs by reason of past performance or otherwise.

All cash deposits posted pursuant to this section shall be deposited in a special fund maintained by the city treasurer. All deposits shall be liable for all costs and liabilities incurred and sustained by the city on account of any work performed pursuant to this chapter by the applicant or by the city. No deposit or any part thereof shall be released or exonerated until the director has certified to the city treasurer that the work has been performed to the satisfaction of the director, and all costs and liabilities incurred by the city have been paid or fully secured. [Ord. 95-5 § 1; Code 1990 § 7.4.130.]

12.20.310 Return of deposits.

Sixty days after the satisfactory completion of authorized work and the fulfillment of all conditions of the permit, the director will release the deposit upon the application of the permittee. [Ord. 95-5 § 1; Code 1990 § 7.4.131.]

12.20.320 Billing.

The director shall bill the permittee or deduct from the deposit made or maintained by the permittee all fees and costs chargeable pursuant to this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.132.]

12.20.330 Issuance fees may be refunded.

An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee. The director shall, in his/her sole discretion, determine whether a refund shall be made, and the amount of such refund. [Ord. 95-5 § 1; Code 1990 § 7.4.133.]

12.20.340 Inspection fees may be refunded.

The fee deposited for driveway inspections or any other unit fee established may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee, and no inspection requests were made. The director shall, in his/her sole discretion, determine whether a refund shall be made, and the amount of such refund. [Ord. 95-5 § 1; Code 1990 § 7.4.134.]

Article II. General Provisions

12.20.350 Safety devices, lights and barricades.

In the conduct of any encroachment work, supplies and excavated material shall be properly placed, and the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs, and watchmen, as are necessary to protect the public. Any omission on the part of the director to specify in the permit what safety devices shall be provided by, or preventative action required of, the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons or property under the circumstances. If the director finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee the actual costs of such work. [Ord. 95-5 § 1; Code 1990 § 7.4.201.]

12.20.360 Warning lights.

A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the persons, and at not more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way is made safe for use. [Ord. 95-5 § 1; Code 1990 § 7.4.202.]

12.20.370 Safety device standards.

All safety devices shall conform to the requirements of the sign manual issued by the Department of Public Works of the state, the Vehicle Code, and the Work Area Traffic Control Handbook, so far as such manuals are applicable, and shall further conform to any additional requirements of the director specific to the proposed project. [Ord. 95-5 § 1; Code 1990 § 7.4.203.]

12.20.380 Inspectors on jobs.

If, in the judgment of the director, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the director shall assign an inspector, and the permittee shall pay the city in accordance with the schedule of charges adopted by the council. This section shall be applicable to all permittees, including special districts, other political subdivisions, and utilities. [Ord. 95-5 § 1; Code 1990 § 7.4.204.]

12.20.390 Inspections not to be obstructed.

No person shall obstruct the director, or his duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test. [Ord. 95-5 § 1; Code 1990 § 7.4.205.]

12.20.400 Work performed with or without permits.

Whenever this chapter requires a permittee to perform work, take any action, or be liable for any fee or cost, such requirement also shall apply to any person who commences any work for which a permit is required by this chapter, whether such person obtains such permit or not. [Ord. 95-5 § 1; Code 1990 § 7.4.206.]

12.20.410 No permit procedure.

Any person commencing any work for which a permit is required by this chapter without first having obtained a permit therefor shall stop the work immediately and apply for such permit. Failure to stop work and to obtain a proper permit constitutes a violation of this chapter, subject to all penalties therefor. [Ord. 95-5 § 1; Code 1990 § 7.4.207.]

12.20.420 Proof of right to use streets.

Every permit issued pursuant to this chapter for activity or work in, along, on, over, across or under a street or right-of-way shall be granted subject to the right of the city, or of any other person entitled thereto, to use that part of such street or right-of-way for any purpose for which such street may lawfully be used. Proof of the applicant’s right to use the street or right-of-way for the purposes set forth in the application shall be filed with the director. [Ord. 95-5 § 1; Code 1990 § 7.4.208.]

12.20.430 Work in accordance with plans and specifications.

All work shall be performed in accordance with the Standard Specifications for Public Works Construction, including revisions, or according to the plans and specifications referred to in the permit and, in addition, any special requirements and/or specifications which are made a part of the permit. In the event of conflict between two specifications, the higher or more stringent or restrictive specification shall apply, as determined by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.209.]

12.20.440 Changes.

No change may be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit, except on written authorization by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.210.]

12.20.450 Permits available or in vehicles.

The permittee shall make the permit available for inspection by the director, or his representative, or by any peace officer or other person having responsibility for safety or maintenance of a street. Each permit for moving shall be in or on the vehicle or combination of vehicles to which the permit refers. [Ord. 95-5 § 1; Code 1990 § 7.4.211.]

12.20.460 Denial of permits.

The director may refuse to issue a permit under the following conditions:

A. When he finds that it is not in the best interests of the general public to do so;

B. When he finds that it will be detrimental to the public health, safety or welfare; and

C. When the permit application does not comply with city standards and specifications as set forth herein. [Ord. 95-5 § 1; Code 1990 § 7.4.212.]

12.20.470 Cancellation of permits.

A permit may be canceled by the director for any of the following reasons:

A. When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

B. For failure on the part of the permittee to comply with all of the requirements of the permit; and

C. For failure on the part of the permittee to provide for the public safety. [Ord. 95-5 § 1; Code 1990 § 7.4.213.]

12.20.480 Restoration of rights-of-way.

Upon the completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way, including bridges and any other structure thereon, by replacing, repairing, or rebuilding the right-of-way in accordance with the specifications or any special requirement, but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way to a safe and usable condition, as directed by the director. Where an excavation occurs within an area already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled. In the event that the permittee fails to act promptly to restore the right-of-way as provided in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director, at his option, may make the necessary restoration. The permittee shall reimburse the city for any such restoration in accordance with the schedule of charges adopted by the city council. [Ord. 95-5 § 1; Code 1990 § 7.4.214.]

12.20.490 Base and pavement thickness.

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface and, in no event, to a thickness less than five inches of asphalt or three inches of asphalt on a four-inch base. [Ord. 95-5 § 1; Code 1990 § 7.4.215.]

12.20.500 Seal and slurry.

Where the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired. [Ord. 95-5 § 1; Code 1990 § 7.4.216.]

12.20.510 Equivalent sections.

Where the structural street or sidewalk section removed varies from or exceeds the average existing section, the director may elect to require the replacement of an equivalent section which would meet the average structural section requirements. [Ord. 95-5 § 1; Code 1990 § 7.4.217.]

12.20.520 Resurfacing waived.

In those instances where the permittee’s excavation is within an area of street to be reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement, the director may waive such resurfacing. [Ord. 95-5 § 1; Code 1990 § 7.4.218.]

12.20.530 Permittee’s awareness and liability.

The permittee shall investigate and be aware of all existing facilities lawfully within the streets or rights-of-way which are within the limits of the proposed activity by utilizing a regional underground facilities coordination agency (such as the Underground Service Alert). The permittee shall not interfere with any existing public or private facility without the written consent of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee, unless other arrangements are made in writing with the owner of the facility, or unless the owner is required by its franchise or agreement to move its facility without cost. [Ord. 95-5 § 1; Code 1990 § 7.4.219.]

12.20.540 Protection and repair of facilities.

The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner shall have the right to support or protect any of its facilities at the sole expense of the permittee. In the event any such wires, cables, pipes, conduits, poles, or apparatus should be damaged (and, for this purpose, pipe coating or other encasement of devices is considered as part of the structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to or the maintenance of any damaged facility shall be borne by the permittee. [Ord. 95-5 § 1; Code 1990 § 7.4.220.]

12.20.550 Interference with utilities.

No structure/equipment-moving contractor shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any street, and it is determined that the height, width, or weight of such load exceeds the height, width, or weight as stated in the permit, and property damage results therefrom, the director is authorized to withhold any other permit from the violator until he produces evidence satisfactory to the director that each additional permit load complies with all the dimensions and weight as shown upon the application and that the load will not interfere with any public utility. [Ord. 95-5 § 1; Code 1990 § 7.4.221.]

12.20.560 Aids to visibility.

Where the location or position of an encroachment impairs visibility to vehicular traffic, the director may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or Traffic Manual of the state, or the director may require the encroachment to be relocated at the sole expense of the permittee. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies, or dangerously impairs the sight distance for safe pedestrian vehicular traffic. [Ord. 95-5 § 1; Code 1990 § 7.4.222.]

12.20.570 All persons to comply.

All persons shall obey and comply with every order, decision, direction or rule made or presented by the director in the matters specified on the permit or by attachment, or by any other matter in any way relating to or affecting the use of the street or right-of-way, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents, and employees, except in the case of a public utility regulated by the Public Utilities Commission of the state, when such order, decision, direction, or rule is contrary to, or in conflict with, any order, decision, direction, or rule made or prescribed by the Public Utilities Commission of the state applicable to such public utility. [Ord. 95-5 § 1; Code 1990 § 7.4.223.]

12.20.580 Encroachment removal – General.

The city may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety or welfare. [Ord. 95-5 § 1; Code 1990 § 7.4.224.]

12.20.590 Encroachment removal – Without replacement.

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its preexisting condition, unless the director permits otherwise. [Ord. 95-5 § 1; Code 1990 § 7.4.225.]

12.20.600 Road closures – Interference with street use.

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public. [Ord. 95-5 § 1; Code 1990 § 7.4.226.]

12.20.610 Encroachment and obstructing upon streets and sidewalks.

A. Spilling of Substances from Vehicle. No person, while carrying, hauling or moving any dirt, trash, garbage, sawdust, sand, gravel or other loose substance upon, along or over any street in the city, shall allow or permit any such dirt, trash, garbage, sawdust, sand, gravel or other such substance to fall, sift, leak, spill or go upon such street.

B. Water on Streets. All water which is caused or suffered to run across or upon any sidewalk, street, alley or right-of-way in such a manner as to cause damage or create a safety hazard to any vehicle or pedestrian traveling the same is declared to be a nuisance.

C. Merchandise Obstructing Streets and Sidewalks. Placing or keeping or permitting to be placed or kept on the sidewalks, pavements or right-of-way of any streets in the city of any goods, wares or merchandise, boxes, vehicles, lumber, bricks, dirt, sand, firewood or any other article or thing is declared to be a nuisance, unless the proper permits have been obtained.

D. Leaving Goods upon the Sidewalk. It is unlawful to allow any goods, wares, furniture or merchandise, baggage, equipment or freight of any kind to be or remain upon any public sidewalks, pavements or rights-of-way of the city for any period of time in excess of 10 minutes, except when the same is in actual process of being loaded into or discharged from a vehicle, unless the proper permits have been obtained.

Nothing in this chapter shall prohibit the unloading of goods, wares or merchandise on any public sidewalk or right-of-way where the goods, wares and merchandise do not constitute an obstruction to public passage and are removed in a reasonable time. [Ord. 95-5 § 1; Code 1990 § 7.4.227.]

12.20.620 Provisions for construction permits.

The provisions of this article shall apply to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains, culverts, street lights or lighting systems, or other appurtenance structures. [Ord. 95-5 § 1; Code 1990 § 7.4.301.]

12.20.630 Plans may be required.

If, in the opinion of the director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require that the application be accompanied by the necessary plans, which plans shall be prepared by a competent licensed engineer. [Ord. 95-5 § 1; Code 1990 § 7.4.302.]

12.20.640 Approved lines and grades for work.

Before a permittee performs any work prescribed in this chapter, he shall obtain from the city the approved lines and grades therefor. [Ord. 95-5 § 1; Code 1990 § 7.4.303.]

12.20.650 Driveways of concrete.

Driveways shall be constructed of cement concrete where a cement concrete curb exists. [Ord. 95-5 § 1; Code 1990 § 7.4.304.]

12.20.660 Driveways not to be constructed for parking.

A driveway shall not be constructed or maintained where fences, buildings, natural grades, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway. [Ord. 95-5 § 1; Code 1990 § 7.4.305.]

12.20.670 Width of driveways.

The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the street. The width of an individual driveway or aggregate widths shall be as prescribed in the adopted city standards. [Ord. 95-5 § 1; Code 1990 § 7.4.306.]

12.20.680 Distances between driveways.

The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be 25 feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be a minimum of three feet. [Ord. 95-5 § 1; Code 1990 § 7.4.307.]

12.20.690 Modifications.

Where topographical or traffic conditions are such that a modification of the provisions of CMC 12.20.360, 12.20.660, 12.20.670 or 12.20.680 is necessary for the promotion of traffic safety, and the director so finds, he may permit a deviation from the provision of said sections to the extent he finds necessary. [Ord. 95-5 § 1; Code 1990 § 7.4.308.]

12.20.700 Scope of provisions.

The provisions of this article apply to permits for the making, or causing to be made, of excavations in any public right-of-way and for the placing, constructing, repairing, changing, or removing of encroachments. [Ord. 95-5 § 1; Code 1990 § 7.4.401.]

12.20.710 Requirements for plats.

Each applicant for an excavation or encroachment permit shall file with the application a plat showing the streets and/or rights-of-way in which the proposed excavations or encroachments will be placed, together with the exact location and dimensions of the proposed excavations or the specifications and characteristics of the encroachments, together with any other details which the director requires. When excavations are made for service connections or for the location of trouble in conduits, cable, or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records. [Ord. 95-5 § 1; Code 1990 § 7.4.402.]

12.20.720 Maintenance of work areas.

All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit the proper storage of materials, the director may require that the permittee remove the materials from the encroachment site. [Ord. 95-5 § 1; Code 1990 § 7.4.403.]

12.20.730 Preservation of survey monuments.

A line or elevation shall not be removed or disturbed or a monument set for the purpose of preserving survey points without first obtaining permission from the director. The replacement of a removed or disturbed monument shall be done by a registered civil engineer or a licensed land surveyor and shall be at the expense of the permittee. [Ord. 95-5 § 1; Code 1990 § 7.4.404.]

12.20.740 Amount of open trenches.

In any trenching operation, the open trench shall not be in excess of one day’s work ahead of the trench work proper, unless specifically authorized by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.405.]

12.20.750 Preservation of drainage.

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.406.]

12.20.760 Open excavations.

No open excavation shall be left within the city road right-of-way after normal working hours. At the end of each workday, all excavations within roads, parkways, medians, shoulders, and the like shall be backfilled to a smooth, level grade free of humps or depressions, satisfactory for public use and acceptable to the city, or covered by trench plates if approved by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.407.]

12.20.770 Temporary maintenance.

Temporary trenches shall be consistently maintained by the permittee or contractor during and after working hours to ensure a satisfactory surface for public use and acceptable to the city. Unless permanent paving is placed immediately, temporary bituminous resurfacing two inches thick shall be placed and continually maintained wherever an excavation is made through pavement, sidewalks, or driveways. [Ord. 95-5 § 1; Code 1990 § 7.4.408.]

12.20.780 Backfilling and compaction.

Trench backfill material, compaction, and resurfacing shall conform to the “Standard Specifications for Public Works Construction” (Greenbook) as adopted by Chapter 12.05 CMC. Compaction testing and a written compaction report by a registered civil engineer shall be provided by the permittee or contractor as directed by the city. Saw cutting shall be required on all trenches prior to final paving. [Ord. 95-5 § 1; Code 1990 § 7.4.409.]

12.20.790 Traffic control.

The permittee or contractor shall provide, and continually maintain, construction area traffic control signs, striping, properly equipped flagmen, and other traffic control devices. All traffic controls shall be in accordance with the State of California Department of Transportation Traffic Manual (most recent edition). Failure to provide acceptable traffic control or to comply with any other condition of the permit will result in a job shutdown until released by the city. [Ord. 95-5 § 1; Code 1990 § 7.4.410.]

12.20.800 Replacement.

All improvements within the road right-of-way, which include road signs, road striping, road symbols, and the like, which are damaged, removed, or obliterated as a result of the permittee’s work shall be repaired and/or replaced. Repairs and replacements shall be equal to, or better than, the existing improvements and shall match them in finish and dimensions. [Ord. 95-5 § 1; Code 1990 § 7.4.411.]

12.20.810 Resurfacing.

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than three inches. The base course removed shall be replaced with processed base material to the same thickness as that of the surrounding base course, but in no event less than four inches. Asphalt may be substituted for the required processed base material on a ratio of one inch of asphalt for each two inches of required base thickness. When the street surface has been treated with a seal or slurry prior to the work under the permit, the seal and/or slurry shall be replaced upon the portion repaired. Shoulders shall be restored and/or treated with like materials. When the permitted work causes disturbance of 30 percent of a street or intersection, or for trenches 300 feet or more in length, the permittee may be required to overlay an area larger than the work area utilizing a self-propelled paving machine. [Ord. 95-5 § 1; Code 1990 § 7.4.412.]

12.20.820 Existing facilities.

See CMC 12.20.530. [Ord. 95-5 § 1; Code 1990 § 7.4.413.]

12.20.830 Protection of existing facilities.

See CMC 12.20.540. [Ord. 95-5 § 1; Code 1990 § 7.4.414.]

12.20.840 Stockpiling.

No materials, equipment, or the like shall be left within the right-of-way without prior approval by the director. Approval shall be indicated in writing on the encroachment permit. Equipment and materials permitted within the right-of-way shall be stored as far as practicable from the edge of the pavement, with blinker light barricades if left overnight. [Ord. 95-5 § 1; Code 1990 § 7.4.415.]

12.20.850 Deviations.

Any deviation from the conditions set forth in this article shall require prior approval by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.416.]

12.20.860 Services to be jacked or bored.

Laterals, services and other small-diameter pipes shall be jacked, bored, or driven beneath a paved surface unless other methods are approved by the director. [Ord. 95-5 § 1; Code 1990 § 7.4.417.]

12.20.870 Minimum cover.

The minimum cover over any pipe or conduit installed under any public street shall be 30 inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be 30 inches of material measured from the surface of the nearest outermost edge of the travelled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum 16 inches of cover, starting one foot back from the curb line in the parkway or sidewalk areas. The director may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided, or where the director determines that special construction techniques will be employed which will preclude the need for greater depth and will produce a more beneficial installation. [Ord. 95-5 § 1; Code 1990 § 7.4.418.]

12.20.880 Repaving by the city.

With the permittee’s concurrence or as an emergency measure, the director shall have the power to order the paving of any excavation up to 100 feet in length. The permittee shall reimburse the city for the actual costs of such work. [Ord. 95-5 § 1; Code 1990 § 7.4.419.]

12.20.890 Cleanup after completion.

Immediately after the completion of the work, the permittee shall clean up and remove all materials, earth, and debris of any kind. If the permittee fails within 24 hours after having been notified to do so by the city, the work may be done by the city and the permittee charged for the costs incurred. When a pole, guy-stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. [Ord. 95-5 § 1; Code 1990 § 7.4.420.]

12.20.900 Agreements to relocate.

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction, or tunnel placed in an excavation or encroachment for which a permit is issued interferes with the future surface use of the street/right-of-way by the general public, then the applicant and his successors or assigns, at their own expense, shall remove or relocate to a location satisfactory to the director such tank, pole, pipe, cable, conduit, duct, tunnel, or obstruction. The statement signed by the applicant will not apply in cases where the applicant has an easement superior to the street/right-of-way easement at the time of the application and can furnish evidence when required of such superior easement. [Ord. 95-5 § 1; Code 1990 § 7.4.421.]

12.20.910 Emergency excavations.

Nothing in this article shall prohibit any person from maintaining by virtue of any law, ordinance, or permit any pipe, cable, or conduit in any streets or public rights-of-way or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day. [Ord. 95-5 § 1; Code 1990 § 7.4.422.]

12.20.920 Cable television lines.

The director shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in streets and/or rights-of-way when all power and telephone lines are underground and shall also require underground installations in all instances, except where the applicant provides satisfactory proof of permission to use existing pole lines or where the director finds that the remoteness of the area or other conditions render an underground installation impractical or infeasible. [Ord. 95-5 § 1; Code 1990 § 7.4.423.]

12.20.930 No interference with others.

The director may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the street and/or public right-of-way or with holders of other permits. [Ord. 95-5 § 1; Code 1990 § 7.4.424.]

12.20.940 Requirements for planting.

The applicant for a permit to plant trees or other plants in the right-of-way shall show in his application, or by sketch, the proposed location and the kind of plants. No change shall be made in either the location or kind without the approval of the director. Upon planting trees or other plants or landscaping in the right-of-way, such trees or other plants shall become the property of the city. [Ord. 95-5 § 1; Code 1990 § 7.4.501.]

12.20.950 Denial of planting permits.

The director may refuse to issue a permit authorizing the planting of trees or other plants or landscaping in the right-of-way when, in his/her opinion, the location, the nature of growth, or the kind of tree, shrub, or other plant will be deleterious to the public right-of-way, will unduly disturb the right-of-way, or in any way will impede construction or the maintenance of facilities. [Ord. 95-5 § 1; Code 1990 § 7.4.502.]

12.20.960 Removal and/or trimming of trees.

The trimming of trees in the public right-of-way shall be permitted only when and in the manner authorized by a permit so that the shapeliness of the tree may be preserved. The removal of nonhazardous live trees shall require council approval; dead or hazardous trees may be removed at the discretion of the director. The removal of trees will be approved, and a permit issued, only when a necessity for removal exists. When a tree is removed, the entire stump shall be taken out at least one foot below the existing or proposed subgrade, unless otherwise specified in the permit, and the hole backfilled and compacted. All debris from trimming or removal shall be removed from the site, and the right-of-way shall be restored to its former condition. A suitable replacement tree may be required. [Ord. 95-5 § 1; Code 1990 § 7.4.503.]

12.20.970 Lawns and ground covers in right-of-way.

It shall be permissible to plant and maintain a lawn or similar ground cover not prohibited by law within the right-of-way of a public street without a permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public street, public sidewalk, nor into the drainage ditches, gutters, or other improved facilities. [Ord. 95-5 § 1; Code 1990 § 7.4.504.]

12.20.980 Uses not denied.

The public may not be denied the use of the planted area for pedestrian or other lawful uses. The city may use the planted area for any purpose and may issue a permit to any applicant to perform encroachment work pursuant to this chapter. If the lawn or similar ground cover is damaged in the course of an authorized encroachment, the permittee who caused the damage will be responsible for the replacement thereof, unless the permit specifically states otherwise. [Ord. 95-5 § 1; Code 1990 § 7.4.505.]

12.20.990 Sight distances.

No hedge, shrub, or other planting and no fence or other structure shall be planted or erected in a right-of-way without a permit, nor shall such hedge, shrub, planting, fence, or other structure be erected or maintained in such manner which unreasonably and dangerously impedes, obstructs, denies, or impairs the sight distance for safe pedestrian or vehicular traffic. [Ord. 95-5 § 1; Code 1990 § 7.4.506.]

12.20.1000 Plantings neat and orderly.

The permittee shall maintain hedges and shrubs or other plantings and fences or similar structures in a neat and orderly condition. If the encroachment is not so maintained, the director may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee. [Ord. 95-5 § 1; Code 1990 § 7.4.507.]

12.20.1010 Existing plants exempt.

Permits for plantings existing on the effective date of the ordinance codified in this chapter shall not be required. However, such existing plantings shall be maintained in accordance with the provisions of this chapter. [Ord. 95-5 § 1; Code 1990 § 7.4.508.]

12.20.1020 Scope of provisions.

The provisions of this article shall apply to the use of streets by special vehicles. [Ord. 95-5 § 1; Code 1990 § 7.4.601.]

12.20.1030 May require planking.

When so required by the director, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of a vehicle, boards or planks of adequate width and strength to carry the load without being broken to serve as a runway for such dolly or wheel during such moving along or across any portion of any street which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on, or resting on, such surface except upon such board, plank, or runway. [Ord. 95-5 § 1; Code 1990 § 7.4.602.]

12.20.1040 Overweight approval.

The director shall not issue a permit to move any load when the weight of the load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that, if it appears to the director that the size, shape, or physical characteristics of the load, or portion thereof, to be moved makes it impossible or impracticable to keep within such weight limits, the director may issue a permit to move a load on a vehicle, every wheel of which is equipped with pneumatic tires, where the director has determined that such movement will not cause injury to the streets and bridges and appurtenances installed therein or thereunder. [Ord. 95-5 § 1; Code 1990 § 7.4.603.]

12.20.1050 Compliance with general laws.

When authorized by a permit issued by the Division of Highways of the state or the director to move a vehicle or combination of vehicles, or the load of dimension or weight or other characteristics generally prohibited by law, the permittee shall comply with the general laws regulating travel over a public street, including posted signs or notices which limit speed, direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved on, over, or across, or otherwise restrict or control travel on a public street, unless exempt by special permit. [Ord. 95-5 § 1; Code 1990 § 7.4.604.]

12.20.1060 Inspections.

The director may require that the moving of any load or vehicle be under the supervision of any inspector to be appointed by the director, with reimbursement to the city for actual costs. [Ord. 95-5 § 1; Code 1990 § 7.4.605.]

12.20.1070 Permits may be withheld.

The director is authorized to issue or withhold a permit at his discretion or, if a permit is issued, to limit the number of trips, or establish seasonal or other time limitations within which the vehicles described may be operated on the streets indicated, or otherwise to limit or prescribe conditions of operation of the vehicle, when necessary, to assure against undue interference with traffic or damage to the road foundations, surfaces, or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the streets and bridges from injury, or to provide indemnity for any possible injury resulting from the operation of the vehicles. [Ord. 95-5 § 1; Code 1990 § 7.4.606.]

12.20.1080 Evidence of clearance.

Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the director shall require evidence or notice of approval of height clearance from the public utility companies having overhead lines crossing the proposed route. [Ord. 95-5 § 1; Code 1990 § 7.4.607.]

12.20.1090 Provisions for appeal.

Any person aggrieved by the refusal or revocation of a permit, or conditions attached to a permit, may appeal to the council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the director, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his/her appeal. Any person aggrieved by the refusal or revocation of a permit, or conditions attached to a permit, may appeal to the council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the director, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his/her appeal. [Ord. 95-5 § 1; Code 1990 § 7.4.701.]

12.20.1100 Time of hearings.

The city clerk shall set the matter for a hearing within 30 days after the notice is filed and shall notify the applicant and the director of the setting. [Ord. 95-5 § 1; Code 1990 § 7.4.702.]

12.20.1110 Council action.

At the hearing, the applicant shall establish to the satisfaction of the council that he is entitled to the issuance of a permit pursuant to this chapter or the reinstatement of a permit previously revoked. The director may present his grounds for maintaining conditions or the denial or revocation of the permit. The decision of the council shall be final. [Ord. 95-5 § 1; Code 1990 § 7.4.703.]

Article III. Small Wireless Facilities in the Public Rights-of-Way.

12.20.1111 Applicability and scope.

A. CMC 12.20.010 through 12.20.340 regulate the use of city roadways for excavations and encroachments; the maintenance, planting and removal of trees; and the issuance, modification and revocation of permits for such uses, including wireless telecommunications antenna facilities, that are commonly used in transmitting or receiving telecommunications services. CMC 12.20.350 through 12.20.1110 set forth general requirements, permits and procedures for encroachments and excavations in city roadways.

B. Notwithstanding any provisions in Article I (CMC 12.20.010 through 12.20.340) and Article II (CMC 12.20.350 through 12.20.1110) of this chapter to the contrary, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to the requirements of the “City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities in the Public Rights-of-Way” (“Policy”), adopted by city council resolution, including but not limited to the requirement for a small cell wireless permit, and all such small wireless facilities must comply with that policy.

C. Small wireless facilities located or proposed to be located within a public right-of-way in any zoning district within the city shall be governed by this section and the policy, and not by Chapters 18.05 through 18.135 CMC, inclusive.

D. An applicant for a permit to install a small wireless facility in the public right-of-way shall pay such fees and deposits as established by resolution of the city council from time to time. [Ord. 365-U § 4, 2019.]


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Prior legislation: Ord. 92-13.